Vale v Sutherland

Bankruptcy – Notice - Official Receiver issued notice under s 139ZQ of the Bankruptcy Act 1966 (Cth) ("the Act") asserting certain property transactions void under s 120 of the Act - Notice asserted market value of properties at time of transfer - Failure to comply with notice may result in criminal sanctions under s 139ZT of the Act - Whether notice should be set aside under s 30 or s 139ZS if value stated incorrect.

Bankruptcy – Notice - Whether value in s 139ZQ of the Act value at time of transfer or when notice given.

Practice and procedure – Pleadings - Whether correctness of value traversed in defence or cross-claim - Effect of failure to make specific denial or specific non- admission in pleadings where trial conducted on basis that correctness of value was in issue.

Words and phrases – "valuation", "value ".

Bankruptcy Act 1966 (Cth) – ss 5, 30, 40(1)(g), 115, 120, 127, 139K, 139ZQ, 139ZR, 139ZS, 139ZT.

Federal Court Rules (Cth) – O 11, r 13(2).

Federal Magistrates Court Rules 2001 (Cth) – rr 1.03, 1.05.

Federal Magistrates Court Act 1999 (Cth) – s 76.